HomeMy WebLinkAboutCity Council Item No. 11CITY OF
LADE LSI110KE
DREAM EXTREMEn
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: JULY 28, 2009
SUBJECT: A RESOLUTION OF SUPPORT FOR ASSEMBLY CONSTITUTIONAL
AMENDMENT (ACA) 8 (JEFFRIES)
Background
The California State Legislature which created the Brown Act in 1953 is exempt from
complying with the requirements of the Brown Act. Cities, counties, school districts,
water districts, etc. are all required to comply with the regulations of the Brown Act.
Assemblyman Jeffries introduced Assembly Constitutional Amendment (ACA) 8 to
require the advanced public notice of votes and the text of legislation.
Discussion
ACA 8 would require the legislature to post a public notice 72 hours in advance of any
vote, and to make the text of any legislation available to legislators and the public at
least 24 hours in advance of any vote. This would allow at least a minimum of
opportunity for the public, local governments and stakeholder groups to have some
opportunity to provide input to the process.
Fiscal Impact
There would be no fiscal impact to the City.
Recommendation
It is recommended that the City Council adopt a resolution supporting ACA 8.
Prepared and
Approved by: Robert A. Brad
City Manager
Attachment: Resolution
CC July 28, 2009 Item No. 11
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RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, SUPPORT FOR
ASSEMBLY CONSTITUTIONAL AMENDMENT 8
(JEFFRIES)
WHEREAS, Open and transparent government is the bedrock of our
communities, our state and our country; and
WHEREAS, existing law requires meetings of each house and committee
of the Legislature to be open to the public, except that closed meetings may be held to
consider specified matters, including employment and personnel, security, advice from
counsel, and caucus meetings; and
WHEREAS, State legislation is often rapidly crafted, or gutted and
amended in a hasty manner with minimal if any time for public inspection; and
WHEREAS, the inability or lack of the public, media and many legislators
to thoroughly inspect and review proposed legislation in a timely manner before such
legislation is to be voted upon works against basic principles of democracy and
transparent government; and
WHEREAS, said practices are common within the California Legislature,
often leaving citizens, local agencies, community groups, and even legislative members
feeling blindsided, and impeding informed debate; and
WHEREAS, the Legislature passed the Ralph Brown Act in 1953, which
helped prohibit local government from engaging in such practices, and has continued to
regulate and require local governments to post public notices and make records publicly
available without requiring the same standards of openness in its own operations;
NOW, THEREFORE, the City Council of the City of Lake Elsinore,
California, does hereby resolve as follows:
Supports the passage of Assembly Constitutional Amendment 8 which
would require a house or committee of the Legislature, at least 72 hours before a
regularly scheduled meeting, to post an agenda containing a brief general description of
each item to be considered, including items to be considered in closed session; and
also that said items be in print and available to the public at least 24 hours before they
can be voted on.
CC July 28, 2009 Item No. 11
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CC Resolution No. 2009-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, this 28th day of July 2009 by the
following vote.:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
DEBORA THOMSEN, CMC
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ISS
CITY OF LAKE ELSINORE
I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, do hereby
certify that the attached Resolution No. 2009- was duly approved and adopted by
the City Council at the regular meeting thereof held on the 28th day of July, 2009.
Attached is a true and correct copy of the original document which is on file in my office.
EXECUTED this 29th day of July, 2009, at the City Clerk's office of Lake Elsinore,
California.
Debora Thomsen, CIVIC
City Clerk of the City of Lake Elsinore, California
CC July 28, 2009 Item No. 11
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